Law of Evidence at Kuwait
Kuwait's legal system is primarily based on civil law, influenced by French and Egyptian legal traditions, with Islamic Shari'a law playing a significant role in personal status matters for Muslims . (Legal system of Kuwait)
🏛️ Legal Framework for Evidence in Kuwait
The primary legislation governing evidence in civil and commercial matters is Law No. 39/1980, which outlines general principles such as: (Kuwait Law No. 39/1980 - On Evidence in Civil and Commercial Matters - Evidence law [Lexis® Middle East])
Burden of Proof: The plaintiff must prove their claim, and the defendant must rebut it.
Relevance and Acceptability: Evidence must be pertinent to the claim and admissible.
Judgment Causation: Judgments should be based on definite decisions, especially in urgent claims . (Kuwait Law No. 39/1980 - On Evidence in Civil and Commercial Matters - Evidence law [Lexis® Middle East])
This law was amended by Law No. 1/1997 and Law No. 107/2013, which introduced updates to the original provisions . (Kuwait Law No. 39/1980 - On Evidence in Civil and Commercial Matters - Evidence law [Lexis® Middle East])
⚖️ Criminal Procedure and Evidence
Criminal proceedings are governed by Law No. 17/1960, also known as the Criminal Procedure and Trial Law. This law outlines the procedures for criminal investigations, trials, and the handling of evidence. Notably, Law No. 11/2020 amended certain provisions of this law, further refining the criminal justice process . (Kuwait Law No. 11/2020 - Amending some provisions of Kuwait Law No. 17/1960 on the issuance of the Criminal Procedure and Trial Law [Lexis® Middle East])
🧑⚖️ Judicial System and Evidence Presentation
Kuwait's judiciary operates on a three-tiered system: (Cable: 05KUWAIT2258_a)
Summary Court: Handles initial hearings and judgments.
Court of Appeal: Reviews cases from the Summary Court.
Court of Cassation: The highest court, focusing on legal principles and interpretations . (Cable: 05KUWAIT2258_a)
In civil cases, there is no formal pre-trial discovery process. Instead, parties submit their evidence during the trial, and the court may appoint experts to evaluate complex issues. Witnesses can be called to testify, and their statements are subject to cross-examination . (Comparisons | Global Practice Guides | Chambers and Partners)
🧪 Expert Testimony
Expert witnesses play a crucial role in Kuwaiti legal proceedings. The court may appoint experts to provide specialized knowledge on technical, factual, or financial matters. These experts conduct hearings, prepare reports, and assist the court in understanding complex issues . (Code of Civil Procedure in Kuwait)
📜 International Treaties
Kuwait is a party to the Hague Evidence Convention, which facilitates the international exchange of evidence in civil and commercial matters. This treaty allows for the transmission of documents and the taking of testimony abroad, streamlining cross-border legal processes . (Hague Evidence Convention)
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